| Wells Fargo Bank, N.A. v Heaven |
| Motion No: 2017-10187 |
| Slip Opinion No: 2017 NY Slip Op 96377(U) |
| Decided on December 21, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M243425
E/rr
RANDALL T. ENG, P.J.
RUTH C. BALKIN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2017-10187 Wells Fargo Bank, N.A., respondent, v Julian Heaven, appellant, et al., defendants. (Index No. 18968/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all parties to the action, as well as 21 Mortgage Corporation, the referee, and the successful bidder at the foreclosure sale, or anyone acting on their behalf, together with their successors and assigns, from auctioning, foreclosing on, selling, transferring, conveying, alienating, mortgaging, encumbering, liening, pledging, affecting, destroying, or assigning any interest in the subject real property, and to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered August 30, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, all parties to the action, as well as 21 Mortgage Corporation, the referee, and the successful bidder at the foreclosure sale, or anyone acting on their behalf, together with their successors and assigns, are stayed from auctioning, foreclosing on, selling, transferring, conveying, alienating, mortgaging, encumbering, liening, pledging, affecting, destroying, or assigning any interest in the subject real property, located at 142-06 185th Street, Springfield Gardens, New York, and all proceedings in the above-entitled action are stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 22, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 22, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
ENG, P.J., BALKIN, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court